No

Knowledge and Understanding
At the end of the course the student will be able to:
. Illustrating the general principles and rules of the Italian private law
. Describing the relevant issues related to European private law
. Identifying the main differences in civil and common law of contract, tort and property
. Explaining the impact that legal rules produce on the market and society
Applying Knowledge and understanding
. Ability to rework principles and rules of private law, and ability to apply such knowledge to specific cases.
Making judgements
. Autonomous capability to identify the rationale and axiology behind each rule;
Communication skills
. Ability to effectively communicate and discuss (in English) topics of Italian private law.
Learning skills
. Application of the hermeneutic criteria of reasonableness to the 'concrete case'.

. Sources of law and legal interpretation. Society and human behaviour. Law and legal system. Law and jurisprudence. Legal language. Norms. Rules and principles. Italian constitution, civil code, European law and international law. The principle of constitutional legality and hermeneutical criteria. The impact of constitutional principles on private law. The conflicts of norms (antinomies) and resolution criteria for antinomies.
. Juridical facts/acts and effects. Subjective legal situation and the legal relationship. Natural persons. Legal capacity, capacity to act, natural capacity. Legal persons. Associations, foundations, committees.
. Property rights. Ownership. Possession. Original acquisition of property and derivative acquisition of property. Limited real rights. Actions 'in rem'.
. Obligations: contractual relationships and extra-contractual relationships. Obligation in general. Notion, structure and features. Relationship between debtor and creditor situation. Sources. Extra-contractual relationships (obligations). Legal promises. "Negotiorum gestio". Negotiations. Contractual relationships. Undue payment. Unjust enrichment. Natural obligations. Divisible and indivisible obligation. Presumption for joint and several liability. Fulfilment and various methods for extinguishing the obligation. Subjective and objective modifications of the obligation.
. Contractual relationships (contractual obligations). Essential elements of the contract. Agreement, contracting parties, object, 'causa', form. Freedom of contract and limits. Preliminary agreement and its effects. Option and pre-emption. Consumer protection. Fulfilment and non-fulfilment of the contract. Regulation of interests and interpretation of the contract. Principles of proportionality, adequacy and reasonableness. Validity and effectiveness of the contract. Conditions, terms and termination of the contract. Invalidity of the contract. Simulated contract. 'Rescissione'.
. Principles of civil liability. Pre-contractual liability (Negotiation). Contractual liability. Extra-contractual liability (Torts). Joint and several liability.
. Family Law and Succession Law. The concept of marriage in the civil code. Unmarried couple, registered partnerships and same-sex couple. Divorce and separation. Constitutional principles and family relations. Filiation. Child protection. Effect of death. Succession "ab intestato" (intestate succession) and will. Inheritance and legacy. Persons who have a legal title to receive a share of the decedent's estate.

• 1.  (A) P. Sirena Introduction to Private Law Il Mulino, Bologna, 2021 » Pagine/Capitoli: Ch. 1 (only paras 1,2,3,4); Ch. 6; Ch. 7, Ch. X, Ch. XI, Ch. XII.
• 2.  (A) Alpini A. "The 'Equitable Dimension' of Constitutional Legality" Annali SISDIC, 3, 2019 » Pagine/Capitoli: 73-91
• 3.  (A) Ballarani G. "The Same-Sex Parented Family Option: The View from Italian Case Law" The Italian Law Journal, vol. 6 no.1, 2020 » Pagine/Capitoli: 1-23
• 4.  (A) Cipriani N. "Unioni Civili: Same-Sex Partnerships Law in Italy" The Italian Law Journal, vol. 2, No.3, 2017 » Pagine/Capitoli: 343-355
• 5.  (A) Criscuolo F. "Constitutional Axiology and Party Autonomy" The Italian Law Journal, vol. 2, No. 2, 2017 » Pagine/Capitoli: 357-375
• 6.  (A) D'Ambrosio M. "Reform of Non-Profit Organisations in Italy: Strengths and Weaknesses" The Italian Law Journal, vol. 4, no. 2, 2018 » Pagine/Capitoli: 547-555
• 7.  (A) Febbrajo T. "Good Faith and Pre-Contractual Liability in Italy: Recent Developments in the Interpretation of Article 1337 of the Italian Civil Code" The Italian Law Journal, Vol. 2, No. 2, 2016 » Pagine/Capitoli: 292-312
• 8.  (A) Carapezza Figlia G. "The Prohibition of Discrimination as a Limit on Contractual Autonomy" The Italian Law Journal, Vol. 04, No. 01 , 2018 » Pagine/Capitoli: 91-117
• 9.  (A) Landini S. "The Insurance Perspective on Prevention and Compensation Issues Relating to Damage Caused by Machines" The Italian Law Journal, Vol.06, No 01, 2020 » Pagine/Capitoli: 137-164
• 10.  (A) Longobucco F. "The loss of a right within the system of private punitive remedies" The Italian Law Journal, Vol. 05, No. 01, 2019 » Pagine/Capitoli: 151-173
• 11.  (A) Mezzanotte F. "All You Need Is Control. Italian Perspectives on Acquisitive Prescription of Immovables" The Italian Law Journal, Vol. 04, No. 02, 2018 » Pagine/Capitoli: 337-367
• 12.  (A) Perlingieri C. "Data as the Object of a Contract and Contract Epistemology" The Italian Law Journal, Vol. 5, No. 02, 2019 » Pagine/Capitoli: 613-631
• 13.  (A) Perlingieri G. 'Reasonableness and Balancing in Recent Interpretation by the Italian Constitutional Court' The Italian Law Journal, Vol. 04, No. 02, 2018 » Pagine/Capitoli: 385-421
• 14.  (A) Perlingieri P. "Constitutional Norms and Civil Law Relations" The Italian Law Journal, Vol. 1, No. 01, 2015 » Pagine/Capitoli: 17-50
• 15.  (A) Sasso I. "Will Formalities in the Digital Age: Some Comparative Remark" The Italian Law Journal, Vol.4, No.01, 2018 » Pagine/Capitoli: 169-193
• 16.  (A) Viterbo F.G. "The 'User-Centric' and 'Tailor-Made' Approach of the GDPR Through the Principles It Lays down" The Italian Law Journal, Vol. 5, No. 02, 2019 » Pagine/Capitoli: Vol. 5, No. 2

The program of the course is the same for attending and not-attending students.
Teaching materials discussed in class will be available on line.

• . Face to face lectures (in class or in distance)
  . Case studies that will be illustrated and discussed in class or on line.
  . Guest speaker's talk (in class or in distance)
  . Interactive class activities (i.e. on line forum) to discuss the most important topics.
  The subject of the course is addressed through a cooperative dialogue between teacher and students. The class get started with the analysis of real life cases selected from Italian, European and international law precedents.
  

• Oral exam.
  Oral exam ensures an effective evaluation of student's ability to illustrate the general principles and rules applicable to the most important topics of the Italian private law in the European and international context. The exam will include a short case, aimed to assess student's ability to apply the current framework to protect the fundamental rights of the person.
  

English

English